In most if not all states, the settlement of a minor’s personal injury claim must be approved by the Court. This is certainly true in Tennessee – the applicable statute is T.C.A. Section 29-34-105. The Alabama Supreme Court recently decided a case in which the minor died after a settlement…
Alabama just passed a 12-year statute of repose that protects a new corporate citizen – Airbus. Airbus, not content with $158,000,000 in corporate welfare to put a plant in Alabama, sought and has obtained immunity from suit unless its planes cause harm within twelve years. The bill only applies to…
The title of this post is the title of a law review article that appears in Vol. 5, Issue 1 of the Yale Journal of Health Policy, Law and Ethics: www.dayontorts.com/uploads/file/Debunking Medical Malpractice Myths(1).pdf. Here is the last paragraph of the article: No one denies that there is a broad array…
As I mentioned in my February 17, 2013 post about Tennessee personal injury and Tennessee wrongful death court filings, the Tennessee Administrative Office of the Court has released statistics about the Tennessee’s justice system. Among the data produced is the amount of money awarded in tort trials for the year…
As I mentioned in my February 17, 2013 post about Tennessee personal injury and wrongful death court filings, the Tennessee Administrative Office of the Court has released statistics about the Tennessee’s justice system. Among the data produced is information about the number of personal injury and wrongful death jury…
The Tennessee Supreme Court has released data concerning filings and dispositions on civil and criminal cases for the year ended June 30, 2012, including personal injury and wrongful death cases. The Annual Report of the Tennessee Judiciary is published every year and contains lots of data not readily available from…
It comes as no surprise to those of us who are medical malpractice attorneys in Tennessee or elsewhere around the Nation, but this article, "Surgeons Make Thousands of Errors," (subscription required) does a great job of identifying problems that arise in the operating room. The article reports that surgeons make…
As predicted, New England Compounding Pharamcy, Inc., the owner of the New England Compounding Center (NECC), filed for bankruptcy last week. NECC is the company that provided contaminated steriods that killed and hurt hundreds of people, including many in Tennessee and Kentucky. Click the link to view NECC’s bankruptcy filing. www.dayontorts.com/uploads/file/Bankruptcy Petition.pdf…
I am one of the those personal injury lawyers who doesn’t win every case. The loss in Kohl v. United States of America is particularly difficult. First, we have a wonderful client who I truly believe has a valid claim. Second, the opinion in this case makes it very difficult…
The Illinois Supreme Court has issued an opinion in Lawlor v. North American Corporation of Illinois, Case No. 112530 (Oct. 18, 2012), holding that (a) the tort of intrusion upon seclusion is recognized in Illinois and (b) held that an employer liable for the torts of a non-employee private investigator…